10.12.19

Software Patents (or Monopolies on Algorithms) Are Not ‘Property’ and They’re Not Even Legally Valid

Posted in America, Deception, Europe, Patents at 11:02 am by Dr. Roy Schestowitz

Months ago: Patents Are Not Property

AI is everything

Summary: The EPO insists that it’s OK to grant patents on just about everything and propaganda terms are being leveraged to justify this dangerous attitude

THE European Patent Office (EPO) is nowadays a leader in patent propaganda instead of leading on terms/criteria such as quality and reputation.

António Campinos has a track record of lying (since his previous employer) and his appointing authority belongs in prison with Benalla, not some fancy office in CEIPI.

Courts in Europe have repeatedly rejected European software patents. Those patents don’t stand much of a chance in court. Moreover, the EPC aside, they’re forbidden by several other branches, both pan-European and national/domestic (member states). The same is true in the US. Nothing has changed. We’ll share some new examples in our upcoming list of links. There are many cases cited in our daily links, where we nowadays mostly ‘shelve’ US patent news, especially outcomes of cases. So why are such patents still being granted? As Donald Zuhn explains, American patent pendency was reduced. Just like at the EPO, however, this means something bad. The USPTO reduced patent quality and then bragged about speed, never mind if courts throw out so many of these patents. Compliance with the law does not seem to bother these people. Just grant, grant, grant…

How do these offices justify this abuse of authority? Self-commissioned propaganda ‘dressed up’ as so-called ‘studies’…

“Intellectual property is an important economic driver,” the EPO wrote, linking to its latest bundle of lies. “Our latest study shows the impact of industries that make intensive use of IP rights on Europe’s GDP, employment and trade.”

So 2.5 weeks later the EPO is still repeating these lies and adding more misleading words (“IP”). They have been doing so every day in Twitter (except weekends), sometimes more than once per day. “Intellectual property” is an important propaganda term of patent law firms and the likes of them, who falsely equate monopoly with “property” and sometimes even mislabel that monopoly a “right” (as in “IPR”). It’s clear that today’s EPO fronts for law firms, not science or scientists. Also mind this new “EPO IP tools” video, which days ago the EPO promoted as follows: “Put your business idea in context using #intellectualproperty tools.”

What utter nonsense, like “AI” or “artificial intelligence…” (another misnomer)

Who does the EPO try to impress if not law firms? It’s all about litigation, not innovation. The EPO makes that so shallow and so easy to see. Some of our EPO leaks have shown similar things and have unearthed gross favouritism. Blatant and crude corruption.

See comments #2 and #3 here in Kluwer Patent Blog. Once again the EPO helps Microsoft monopoly. Not a Microsoft client? Not a Microsoft customer? Sorry. Excluded from service…

Microsoft is a leading proponent of software patents alongside IBM (hence it’s something Red Hat and Microsoft now have in common). It makes sense for the EPO to offer preferential services to Microsoft.

As we’ve mention like a dozen times before, the EPO keeps hyping up “hey hi” (“AI”), as do IBM and Microsoft. They nowadays mislabel just about anything “hey hi” — anything to do with automation, computers, algorithms and so on. It’s all “hey hi!”

The USPTO too is looking for excuses or loopholes by which to grant illegal, fake, bogus, incompatible-with-the-law software patents that are worthless (patents which courts would reject). It nowadays copies the EPO’s tricks by putting “hey hi” (a buzzword) right there in examiners’ guidelines.

Aaron Gin, longtime pusher of software patents in the US and elsewhere, hops on the “hey hi” bandwagon. Call everything “hey hi!” And just like “cloud” and “smart” it’s instantaneously “new” and “novel”…

This is what the USPTO is doing right now. In its own words (or questions):

1. What are the main elements of an AI-based invention?

[...]

12. Are there any relevant policies or practices from other major patent agencies that may help inform the USPTO’s policies and practices regarding patenting of AI inventions?

So much for ‘consultation’; they know responses will mostly come from the litigation ‘industry’. Why don’t they consult judges instead, knowing that SCOTUS, the Federal Circuit and Patent Trial and Appeal Board (PTAB) would likely disapprove, citing 35 U.S.C. § 101 for starters? Because truth and law don’t matter. It’s all about money.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. Why You Should Give Falkon (the Web Browser) a Chance on GNU/Linux, BSD, or Windows

    In this crazy new world where advertisers are the real customers and Web users ("audiences") have been reduced to mere products we need a browser that isn't controlled by a company; try Falkon



  2. Kluwer Patent Spin and Distortion of Facts (Regarding UPC and More)

    Kluwer Patent Blog disgraces the firm that puts its name on it; instead of sticking to facts they're distorting the facts and the sole/principal goal is to manipulate/mislead the public and public servants



  3. Links 26/1/2021: 4MLinux 35.1, GParted 1.2, Gnuastro 0.14

    Links for the day



  4. IRC Proceedings: Monday, January 25, 2021

    IRC logs for Monday, January 25, 2021



  5. It's Wrong to Assume Red Hat Competes With Microsoft

    The community ought to stop pretending that one monopoly seeks to replace another despite close partnerships (some would say "collusion") between the two



  6. EPO Staff Representation Complains That EPO Management Exploits Pandemic and 'House Arrests' to Overwork Staff, Lower Quality

    The EPO keeps breaking its promises to workers; not only are key employees seeing their net salary cut (inflation factored in) but pensioners too are being robbed and in the meantime the total time spent on work is increasing



  7. Fake News is Not a 'Wing' Thing

    The two-party corporate-led system (and media) would have us obsess/bicker about accuracy of news based on some binary/dual system of blind loyalty rather than underlying facts and priorities



  8. Links 25/1/2021: Huawei on GNU/Linux, NuTyX 20.12.1, Whisker Menu 2.5.3, Lutris 0.5.8.3, Linux 5.11 RC5

    Links for the day



  9. Fear, Uncertainty, and Doubt (FUD) in ZDNet is the Norm

    ZDNet continues to emit lots of garbage 'journalism', in effect Microsoft PR and what's known as "black PR" for Linux; just like Bleeping Computer, which ZDNet hired this writer from, there's no adherence to facts, just smears and innuendo



  10. Truth Tellers Aren't an Enemy of Free Software

    There's a perpetual attack on people who speak out against actors and corporations in positions of great power, however subtle and indirect those attacks may seem on the surface (they don't wish to be held accountable for defaming activists)



  11. The Linux Foundation, With Over 124 Million Dollars in Annual Revenue, is in Trouble Because of the Pandemic, So It's Trying to Reinvent Itself as Training and Certifications Outfit

    With mountains of cash and a Public Relations (PR) or marketing business model the so-called 'Linux' Foundation became reliant on travel, lodging, booths and speeches on sale; COVID-19 is a great risk to that business model



  12. IRC Proceedings: Sunday, January 24, 2021

    IRC logs for Sunday, January 24, 2021



  13. Our Move Further Away From the World Wide Web, the Browser Monopolies, HTTP, and HTML

    The World Wide Web (WWW) is going down a bad path and a clearly regressive direction; the solution isn't going 'retro' but exploring more sophisticated systems which are robust to censorship (localised or globalised) and downtime (related to censorship) while reducing surveillance by leveraging encryption at the endpoints



  14. Important Issues Not Entertained in the Community, Especially Critics of the Status Quo

    here's corporate infiltration inside communities (for oligarchy hunts volunteer, unpaid labour) and those who speak about that as a threat to our cause and objectives are painted as misguided outcasts who must be ignored



  15. Internet Origins of the Mob

    Reprinted with permission from Daniel Pocock



  16. When Proprietary Software Users Dictate the Freedom-Leaning Communities

    Fedora doesn't care about software freedom and its steward (or parent company) is sometimes imposing proprietary software on staff; they've quit caring



  17. In 2020 Onwards 'Open Source' is Just a Marketing Ploy of Monopolies, Unlike Free Software

    More people are nowadays seeing or witnessing 'Open Source' for what it truly is; the term has become a misleading marketing term of proprietary software firms looking to rebrand as "ethical" (e.g. by sharing some code with other proprietary software firms, over proprietary platforms such as GitHub)



  18. Microsoft: The Year After We Bought GitHub There Was a Significant Decline in Number of New Projects on GitHub

    Microsoft has just admitted that in 2019 GitHub saw a very significant decline in number of new projects (and users, which it is conveniently miscounting by adding 'phantom' ones) on the site. Just what we had heard before they confirmed it (and they foresaw this effect of the takeover, hence the lies about "loving" Linux).



  19. Social Control Media is a Passing Fad, We Should All Go Back to Blogging and Subscribing to RSS Feeds

    The whole "social control media" phenomenon has been oversold or promoted using lies; in reality, as a mountain of evidence serves to show, it's a way to manage society at a macro scale



  20. As Andrei Iancu Removes Himself From the Patent and Trademark Office All Eyes Are on Biden's Next Nomination

    Patent zealots and their front groups already lobby Joe Biden to put one of them in charge of the U.S. Patent and Trademark Office; we'll soon see if Joe Biden "means business" or simply means monopoly/large corporations (and their law firms/departments)



  21. Data Point: GNU/Linux Share in Desktops/Laptops Nearly Tripled in the Past Decade, Peaking This Past Month (All-Time High)

    Contrary to what some publishers try to tell us, GNU/Linux is still growing and mostly at the expense of Windows



  22. IRC Proceedings: Saturday, January 23, 2021

    IRC logs for Saturday, January 23, 2021



  23. Links 24/1/2021: Nouveau X.Org Driver Release and GhostBSD 21.01.20

    Links for the day



  24. InteLeaks – Part XXX: Harbor Research's Pseudo-scientific 'Research' for Intel, Bizarrely Suggesting a Microsoft Partnership for a Domain Largely Controlled or Dominated by Linux

    The full document that Intel paid for and in turn used to justify cracking down on Free software (obliterating Free software-based workflows inside Intel), instead outsourcing all sorts of things to proprietary software traps of Microsoft



  25. Chromium and Chrome Are Not Free Software But an Example of Microsoft-Fashioned Openwashing Tactics

    It's time to reject Google's Web monopoly (shared with other companies but still an oligopoly); removing its Web browser would be a good start



  26. Links 23/1/2021: Chromium Pains and New Debian Maintainers

    Links for the day



  27. InteLeaks – Part XXIX: Harbor Research Did Not Produce a Study But an Elaborate Hoax for Intel, Suggesting Microsoft Partnership and Outsourcing Based on Zero Evidence and No Solid Rationale

    The pseudo-scientific ‘report’ from Harbor Research is more of the same nonsense we’ve grown accustomed to; unethical if not rogue firms are being paid to lie — or to perpetuate falsehoods which someone stands to gain from



  28. Video: The State of Communities Surrounding GNU/Linux Distributions

    A discussion about the state of volunteer efforts going into the development, maintenance (in the 'maintainership' sense) and support/advocacy of GNU/Linux distros



  29. IRC Proceedings: Friday, January 22, 2021

    IRC logs for Friday, January 22, 2021



  30. InteLeaks – Part XXVIII: Intel Served Report From Microsoft Boosters, Who Provide No Actual Evidence and No Science to Back Their Supposed 'Findings'

    Findings and recommendations from Harbor 'Research' aren't based on any scientific methods, just perceived loyalty, branding, and a bunch of unsourced quotes (from unnamed people with ridiculous job titles like a soup of buzzwords)


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts